Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70641 of 2022 Arising Out of PS. Case No.-462 Year-2022 Thana- BAGHA District- West Champaran ====================================================== Guddu Yadav S/O Nagendra Yadav Resident of village- Goiti, P.S.- Bagaha (Pathkhauli), District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP For the Informant : Mr. Prithvi Nath Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2023 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State. Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 02.07.2022 in connection with Bagaha (Pathkhauli) P.S. Case No. 462 of 2022, F.I.R. dated 25.06.2022 for the offences punishable under Sections 304(B)/34 of the Indian Penal Code. According to prosecution case, all the accused persons including the petitioner tortured the daughter of the informant mentally and physically due to non-fulfillment of demand of

Patna High Court CR. MISC. No.70641 of 2022(4) dt.12-05-2023 2/3 dowry and killed her.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that the petitioner is the husband of the deceased. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that in fact, it has come during investigation in paragraph 9, 10 and 11 of the case diary that the independent witness has stated that the deceased has committed suicide herself. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 02.07.2022.

The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st Bagaha, West Champaran in connection with Bagaha (Pathkhauli) P.S.

Patna High Court CR. MISC. No.70641 of 2022(4) dt.12-05-2023 3/3 No. 462 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T